United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
ATTORNEY DOOCET NO.
CONFIRMATION NO.
09/869,205
09/17/2001
David Sadek
136.160
9799
7590 10/05/2006
PATTERSON, THUENTE,SKAR & CHRISTENSEN, P.A.
4800 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS, MN 55402-2100
EXAMINER
HOLMES, MICHAEL B
ART UNIT
PAPER NUMBER
2121
DATE MAILED: 10/05/2006
Please find below and/or attached an Office communication concerning this application or proceeding.
PTO-90C (Rev. 10/03)
Office Action Summary
Application No.
09/869,205
Applicant(s)
SADEK ETAL
examiner
Michael B. Holmes
Art Unit
2121
The MAILING DATE of this communication appears on the cover sheet with the correspondence address
Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE (31 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.
- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1 .704(b).
Status
1 )S Responsive to communication(s) filed on 20 September 2006 .
2a)D This action is FINAL. 2b)^ This action is non-final.
3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
Disposition of Claims
4) ^ Claim(s) 1-35 is/are pending in the application.
4a) Of the above claim(s) 1-25 is/are withdrawn from consideration.
5) E3 Claim(s) 26-33 is/are allowed.
6) ^ Claim(s) 34 and 35 is/are rejected.
7) D Claim(s) is/are objected to.
8) D Claim(s) are subject to restriction and/or election requirement.
Application Papers
9) D The specification is objected to by the Examiner.
10)D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
1 1 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Priority under 35 U.S.C. § 119
12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
a)D All b)Q Some * c)D None of:
1 .□ Certified copies of the priority documents have been received.
2. Q Certified copies of the priority documents have been received in Application No. .
3. D Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.
Attachment(s)
1) ^ Notice of References Cited (PTO-892) 4) ^ Interview Summary (PTO-413)
2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. .
3) Q Information Disclosure Statement(s) (PTO/SB/08) 5 ) Q Notice of Informal Patent Application
Paper No(s)/Mail Date . 6) O Other: .
U.S. Patent and Trademark Office
PTOL-326 (Rev. 08-06)
Office Action Summary
Part of Paper No./Mail Date 20060929
Application/Control Number: 09/869,205
Art Unit: 2121
Page 2
United States Patent and Trademark Office
P.O. Box 1450, Alexandria, Virginia 22313-1450 - www.uspto.gov
Examiner's Detailed Office Action
Claim Rejections - 35 USC § 101
1. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter,
or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and
requirements of this title.
2. The invention as disclosed in claims 34 & 35 are rejected under 35 U.S.C. 101 as being
non-statutory subject matter.
3. Claims 35 & 35 constitute software modules, per se, devoid of any apparent hardware,
and therefore are computer programs e.g., functional descriptive material. Moreover, since the
computer programs are not embodied on an appropriate computer-readable storage medium.
They are not patent eligible subject matter in accordance with In re Warmerdam, 31 USPQ2d,
13544.
Allowable Subject Matter
4. Claims 25-33 are allowed.
Application/Control Number: 09/869,205
Art Unit: 2121
Page 3
Correspondence Information
5. Any inquires concerning this communication or earlier communications from the
examiner should be directed to Michael B. Holmes, who may be reached Monday through
Friday, between 8:00 a.m. and 5:00 p.m. EST. or via telephone at (571) 272-3686 or facsimile
transmission (571) 273-3686 or email Michael.holmesb@uspto. gov .
If you need to send an Official facsimile transmission, please send it to (571) 273-8300.
If attempts to reach the examiner are unsuccessful the Examiner's Supervisor, Anthony
Knight, may be reached at (571) 272-3687.
Hand-delivered responses should be delivered to the Receptionist @ (Customer Service
Window Randolph Building 401 Dulany Street Alexandria, VA 22313), located on the first floor
of the south side of the Randolph Building.
Michael B. Holmes
Patent Examiner
Artificial Intelligence
Art Unit 2121
United States Department of Commerce
Patent & Trademark Office
Friday, September 29, 2006